From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD  
              
 
Ref:   (a) Title 10 U.S.C. §1552 
       (b) DODFMR, Vol 7B, Chp 54 
 
Encl:  (1) DD Form 149 w/attachments 
       (2) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reflect current spouse as Survivor Benefit Plan (SBP) beneficiary. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 3 January 2020 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Subject’s naval record, and applicable statutes, regulations and policies. 
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows: 
 
     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
     b.  In accordance with reference (b), any Reserve member who does not have an eligible beneficiary when becoming eligible to participate in the Reserve Component Survivor Benefit Plan (RCSBP), who later marries or acquires a dependent child, may elect to participate in the RCSBP, if the election is completed within 1 year of acquiring a spouse or dependent child.  
  
     c.  Petitioner married  on 14 August 1982. 
 
     d.  Petitioner divorced  on 20 April 2005.  Divorce decree and settlement agreement does not direct SBP former spouse coverage. 
 
     e.  Petitioner earned 20 total years of qualifying service on 18 October 2005. 
 
     f.  Petitioner was issued Notification of Eligibility (NOE) to Receive Retired Pay at Age 60 and Participate in the Reserve Component Survivor Benefit Plan (RCSBP) dated 10 April 2006. 
 
     g.  Petitioner was automatically enrolled in RCSBP child coverage on 9 July 2006. 
 
     h.  Petitioner married on 8 October 2006. 
 
     i.  Petitioner transferred to the Retired Reserve without-pay effective 1 September 2013. 
 
     j.  Petitioner transferred to the Retired Reserve with-pay effective 20 October 2016. 
                            
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting the following corrective action.  Petitioner failed to notify Navy Personnel Command (PERS-912) of marriage to  within 1-year of their nuptials.  Although Petitioner did not complete the proper administrative requirements in a timely manner, the Board concluded that a measure of relief is warranted.  
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner submitted DD Form 2656-5, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate and elected Option A within 90-days of receiving NOE and ability to participate in RCSBP. 
 
Petitioner submitted DD Form 2656-5, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate, electing Option A with spouse  concurrence, within 1-year of marriage on 8 October 2006. 
 
Petitioner submitted DD Form 2656, Data for Payment of Retired Personnel, naming   as the SBP beneficiary, at the full gross pay level of coverage, prior to transferring to the Retired Reserve with-pay on 20 October 2016. 
 
Note:  No waiver of unpaid premiums will be granted. 
 
A copy of this Report of Proceedings will be filed in Subject’s naval record. 
 
4.  It is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 
 
5.   Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.